S.I. No. 144/1990 - Local Government (Planning and Development) (Compensation) Regulations, 1990

S.I. No. 144 of 1990.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (COMPENSATION) REGULATIONS, 1990.

The Minister for the Environment, in exercise of the powers conferred on him by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) and by sections 6 and 13 of the Local Government (Planning and Development) Act, 1990 (No. 11 of 1990), hereby makes the following Regulations:—

1 Citation.

1.

1. (1) These Regulations may be cited as the Local Government (Planning and Development) (Compensation) Regulations, 1990.

• (2) The collective citation "The Local Government (Planning and Development) Regulations, 1977 to 1990" shall include these Regulations.

2 Interpretation.

2.

2. (1) In these Regulations—

"the Act of 1990" means the Local Government (Planning and Development) Act, 1990;

"the Board" means An Bord Pleanála;

"compensation claim" means a claim for compensation under the Act of 1990;

"the Minister" means the Minister for the Environment.

• (2) In these Regulations—

( a ) a reference to an article which is not otherwise identified is a reference to an article of these Regulations,

( b ) a reference to a sub-article which is not otherwise identified is a reference to the sub-article of the article in which the reference occurs.

3 Revocation.

3.

3. Part VI of the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 ) is hereby revoked.

4 Compensation claim.

4.

4. (1) A compensation claim shall be made to the planning authority in writing and shall include—

( a ) a statement of the name and address of the claimant and of his interest in the land to which the claim relates,

( b ) a statement of the matter in respect of which the claim is made, of the provision of the Act of 1990 under which it is made, of the amount of compensation claimed and of the basis on which such amount has been calculated, and

( c ) a statement of the names and addresses of all other persons (so far as they are known to the claimant) having an interest in the land to which the claim relates, or, where the claimant does not know of any such persons, a statement to that effect.

• (2) Where a planning authority receive a compensation claim which fails to comply with a requirement of sub-article (1), the authority may, and if the failure relates to the requirements of paragraph (c) of that sub-article shall, require the claimant to comply with such requirement and the planning authority may defer consideration of the claim until he has complied with such requirement.

5 Notice of claim.

5.

5. (1) Within one month of the receipt by a planning authority of a compensation claim, or within one month of compliance with a requirement under article 4(2), the planning authority shall give notice to every person, other than the claimant, appearing to them to have an interest in the land to which the claim relates.

• (2) A notice under sub-article (1) shall state the name and address of the claimant, the matter in respect of which the claim is made, the land to which the claim relates and the date, having regard to section 4 of the Act of 1990, after which a further claim for compensation in relation to such matter cannot be made.

• (3) Where more than one compensation claim in respect of the same matter has been received by a planning authority, the provisions of sub-article (1) shall not apply in respect of such persons as are claimants or have already been given notice of a claim in respect of that matter under that sub-article.

6 Provision of certain evidence and information.

6.

6. Where a compensation claim is made the planning authority may require the claimant to provide evidence in support of his claim and evidence as to his interest in the land to which the claim relates and may defer consideration of the claim until he has complied with such requirement.

7 Application under section 14 of Act of 1990.

7.

7. (1) Where an application is made to the Minister under section 14 of the Act of 1990 for an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of section 12 or section 13 of that Act, the applicant shall submit to the Minister—

( a ) a statement of his name and address and of his interest in the land to which the application relates,

( b ) a statement of the date of notification of the decision of the Board refusing, or granting subject to conditions relating to any of the matters set out in paragraphs 8 and 9 of the Fourth Schedule of the Act of 1990, permission to develop the land to which the application relates, and

( c ) a statement of the reasons why, in the opinion of the applicant, such an order should be made.

• (2) ( a ) An applicant for an order under section 14 of the Act of 1990 shall send to the Minister such documents and information relevant to the application and in his possession or procurement as the Minister may require.

( b ) The relevant planning authority shall send to the Minister such documents and information relevant to an application for an order under section 14 of the Act of 1990 and in their possession or procurement as the Minister may require.

8 Notice under section 13 of Act of 1990.

8.

8. A notice under section 13 of the Act of 1990 served on a person by whom or on behalf of whom a compensation claim under section 11 of that Act has been made shall contain—

( a ) a statement of the land to which the notice relates,

( b ) a statement that, notwithstanding the refusal of permission to develop the land or the grant of such permission subject to conditions (as the case may be), the land in question is, in the opinion of the planning authority, capable of other development for which permission under Part IV of the Local Government (Planning and Development) Act, 1963 ought to be granted,

( c ) a statement in outline of the nature and extent of the other development (being other development within the meaning of section 13 of the Act of 1990) of which, in the opinion of the planning authority, the land is capable,

( d ) a statement that the notice shall continue in force for a period of five years commencing on the day of service of the notice unless before the expiration of that period:

• (i) the notice is withdrawn by the planning authority, or

• (ii) a permission is granted under Part IV of the Local Government (Planning and Development) Act, 1963 to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, subject to no conditions or to conditions of a class or description set out in the Fourth Schedule of the Act of 1990, or

• (iii) the notice is annulled by virtue of section 13(5) of the Act of 1990, and

( e ) a statement that compensation shall not be payable on the claim in respect of the land in question where:

• (i) the notice is in force, or

• (ii) an application for permission under Part IV of the Local Government (Planning and Development) Act, 1963 to develop the land to which the notice relates in a manner consistent with the other development specified in the notice has not been made before the expiration of the notice, or

• (iii) permission is granted under Part IV of the Local Government (Planning and Development) Act, 1963 to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, subject to no conditions or to conditions of a class or description set out in the Fourth Schedule of the Act of 1990.

GIVEN under the Official Seal of the Minister for the Environment this 12th day of June, 1990.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations make provision for certain matters relating to compensation under the Local Government (Planning and Development) Act, 1990 (No. 11 of 1990).

They revoke Part VI of the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 ) and prescribe certain detailed requirements regarding the making of compensation claims, the making of application to the Minister for the Environment under section 14 of the above Act and the giving of notice by a planning authority under section 13 of the above Act.